Terms and Condtions

Welcome! By using this site, maintained as a service to our customers, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should sail on by.

1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of excelyachts.com (the "Site"). This Agreement may be modified at any time by Excel Yacht Sales ("EYS") and upon posting of the modified Agreement, such modifications shall be effective immediately. Your continued use will be considered your unconditional acceptance of this Agreement. You should visit the Site and review the Terms of Use periodically to determine if any changes have been made.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy. (View policy here)
3. Ownership and Restriction of Material. All content included on this site, including but not limited to text, graphics or code, is and shall continue to be the property of EYS or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Trademarks. Excel Yacht Sales and others are either trademarks or registered trademarks of EYS. Other product and company names mentioned on this Site may be trademarks of their respective owners.
5. Site Use. EYS grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of EYS and EYS may terminate your use of this website at any time.
6. Links. . Excel Yacht Sales site contains hypertext links to web sites of advertisers and other third parties. EYS does not control these websites and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites or any association between EYS and their owners or operators. You assume sole responsibility for use of third-party links.
7. Indemnification. You agree to indemnify, defend and hold EYS and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
8. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EYS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL EYS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
   
   You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Use of Information. EYS reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
    
    Notice of claims of copyright infringement on the Site shall be sent to:
    
    
    • By Mail: 2451 Alberni Highway, PO Box 137 Coombs BC, V0R 1M0
    • By Phone: (250) 248 0010
    • By E-mail at [email protected]
      
12. Applicable Law. You agree that the laws of British Columbia, Canada, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and EYS or its affiliates.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver. The failure of excelyachtsales.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by excelyachtsales.com must be in writing and signed by an authorized representative of excelyachtsales.com.
15. Relationship of the Parties. Nothing contained in this Agreement, or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
16. Contact Information.
    
    Excel Yacht Sales
    2451 Alberni Highway, Coombs, British Columbia V0R 1M0
    (250)248 0010
    E-mail at [email protected]